What are My Chances of Going to Jail After Multiple DUIs?
If you are operating a passenger vehicle with a blood alcohol content (BAC) of 0.08% or greater in Tennessee, you will be charged with a DUI. If you have multiple DUIs, your chances of going to jail increase substantially, with each penalty coming with a minimum days of imprisonment. Additionally, you may be facing a lengthier prison sentence if you have an elevated BAC or if other aggravating circumstances exist. Even worse, having a DUI on your record will make it more difficult for you to find work, renew professional licensure, or gain custody or visitation rights.
At Andrew C. Beasley, PLLC, we believe that criminal defendants should be informed of their rights in order to make the best decisions. In this blog, our Nashville DUI lawyers discuss potential penalties for multiple DUI charges and how our legal team may be of assistance.
Penalties for a Second DUI
A second DUI in Tennessee automatically comes with a mandatory minimum jail sentence of 45 days. However, you could be sentenced to up to 11 months, 29 days in prison. Additionally, you may be forced to pay a fine that could range anywhere from $600 to $3,500. If anyone was injured due to your drinking, you may be required to pay restitution. Second-time offenders may be required to attend an inpatient alcohol and drug treatment program, as ordered by the court. A second DUI comes with a two-year license suspension, though you will be eligible to obtain a restricted license.
Penalties for a Third DUI
Third-time DUI offenders will be sentenced to a mandatory minimum of 120 days in jail, with a maximum sentence of 11 months, 29 days. Mandatory fines will range from $1,100 to $10,000. Even if anyone was injured due to your drinking, you will be ordered to pay restitution. A third DUI conviction will result in license revocation for six years, with your vehicle potentially being seized or forfeited. The court will likely require you to participate in an inpatient alcohol and drug treatment program.
Penalties for a Fourth DUI
According to TN Code §55-10-402 (a)(4), a fourth DUI offense is a Class E felony. You will be sentenced to a minimum of 150 days in county jail; however, your sentence could be up to six years. You could be paying fines between $3,000 to $15,000. You will be required to attend a mandatory alcohol and drug treatment program. You will have to pay restitution to any victims. Additionally, your license will be revoked for eight years, subject to seizure or forfeiture. As if that is not enough, the court may order you to perform community service.
Aggravating Factors
If you have an elevated BAC or there are any aggravating circumstances, you will be subject to enhanced penalties. For instance, if you are transporting a child under the age of 18, you will have to serve a minimum mandatory sentence of 30 days in jail. If you are transporting a child who is injured and your drunk driving is the legal cause of their injury, you will be charged with vehicular assault. A Class D felony, vehicular assault is subject to two to 12 years in prison and a $5,000 fine. If you have an elevated BAC (01.5% or greater), you could be charged with aggravated vehicular assault, a Class C felony. This is punishable by three to fifteen years in prison and a $10,000 fine.
No Substitute for Experienced Representation
Given the legal consequences that you may be up against, it is important that you hire experienced representation in your corner. Our legal team knows the prosecution’s weaknesses, which we will use to our advantage. For example, if you have been charged with an elevated BAC, the government must prove this element beyond a reasonable doubt. Relying solely on a breathalyzer or field sobriety test will simply not cut it. The government must meet a higher burden to establish your guilt, with nothing less being unacceptable. While it may be terrifying to face potential jail time, our legal team is not intimidated by the prosecution’s ineffective tactics.
Drunk Driving Allegations? Speak with Our Nashville DUI Attorneys
If you or a loved one has been accused of driving under the influence, our legal team is here to answer any of your questions or concerns. At Andrew C. Beasley, PLLC, our team of legal professionals understands the anxiety that comes with criminal charges. While a DUI charge should be taken seriously, it is a challenge that our legal team is ready to take head on. To arrange your free consultation with a Nashville DUI lawyer, contact us online or by phone at (615) 846-9889 at your earliest convenience.